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BuMp!!

Defence received 31/03/07. I would appreciate anyone running an eye over this to see if they could provide me with some scathing comebacks! I know what to say in relation to some of the points made but would like assistance as its very 'jargony'.... Hope everyone elses cases are going well.. Here is the link for a copy of Cobbetts so called Defence if anyone can take the time to look for me http://s35.photobucket.com/albums/d182/nicolw/Defence/ Any advice and assistance greatly appreciated.

Now had a defence submitted on the last day possible ( 30/03/07) too again by cobbetts! In the meantime they told me in a letter that They intend to defend against my 16% interest claim and that in light of this I should provide them with a revised schedule of charges at 8% I have told them no way I am carrying on as I originally intended. Waiting for AQ and a copy of their so called 'defence' now.!

Oh well As per usual Cobetts submitted acknowledgement of claim on last day possible giving them another 14 days. It does half wind me up that That they drag this out. It will be costing them more money to hire solicitors etc....Why bother when they know they are going to pay up!! I think they should be clamped down on by the judges and soon....They will not defend in court so dont bother even pretending you will. It annoys me!

Well I filed my claim at court on The 01/03/07, It is deemed served on the 03/03/07 and they have untill the 19/03/07 to reply I have checked today and no acknowledgement or defense submitted. Officially they should reply by tomorrow but the court has given them till Monday as they arent open on a weekend. If they still dont submit and I apply for judgement how long does this take and do I literally go into the branch and demand the money! Not sure how it works from here? Thanks people for your support x:)

Offer received of £4100 but my claim is for over £5000 so I am going to call them today and then file N1 in court tmoz to make sure I get it all back! Been gracious so far in giving them extra time!

Its not my account number its just the one showing in the 'template letter' already.

Good luck to you too! I just had an offer of over £4000 but continuing on to claim £1500 more via court ( even though it wont end up there!!) Great fun and SOOO much you can learn on this site. P.S Why cant I update my Sig?? No in USER CP for some reason?!?!

Hi Blue, I wouldnt accept the 20% they are offering as they CAN and WILL go lower. If you call them and say you can definatley pay it in 7 days they will keep knocking it down as they want you to pay so the person on the other side of the phone can receive it 'on their figures' ( i.e get bonus!) If you have the funds call and ask for a full and final and keep saying that you want it cheaper. They can usually go as low as 40% off sometimes more. They will start off high of course in the hope you just accept it but keep haggling!!! Good luck and if need be speak to a manager as they are the ones that normally agree larger discounts...

Hi..Yes I did send the below letter along with £1 postal order and sent recorded delivery. They sent me the letter first saying they want £10 and returned my postal order. I sent this: So best to leave it as I have at least tried to do this?, Plus I did say to the guy on the phone that he was wrong and that I will class this as non compliance with my request. Oh well appears they have hung themselves then! Thanks for the reply.

I have sent off 2 CCA requests to Barclaycard for my account and my boyfriends as we dont believe they can provide the original copies. We received a letter in reply for my boyfriends account stating they want £10 and this is the minimum fee for any SAR? Problem being I have not requested SAR I have asked for the Original Credit agreement copy. I called them with my boyfriends authority and spoke to a chap there who said ' You have to pay £10 for this information:eek: ' I confirmed that I was not asking for SAR and that it states only a fee of £1 is payable for a CCA. He said ' tough you have to pay £10' I told him we dont and that they have received my letter and that I will class this as non compliance. He said ' okay and we will just proceed with legal action at our end'. I didnt bother arguing with him to say he couldnt as the account is now in dispute as he wouldnt understand!! Any one had simalar experience or thoughts on this? I understand they have to comply within 40 days and the debt then becomes unenforceable so shall I just leave it at that. The fact that I have tried should be enough or should I resend it to them( me thinks not but opinions appreciated) Thanks all!!

I understand what you are saying but my point is that I have tried to obtain evidence and RBS have not provided this so all I have to work on is most recent statements ( about 5 months). Also wanted to ask how I go about claiming for them NOT providing my statements within the 40 days. I know I have to register a complaint with the OFT but I am sure there was another option rather than adding to the OFTs backlog... Thanks

Hi Guys, I am currently in the process of proceeding with a claim via courts for a joint account but also have a sole account I had requested DPA details on. They have responded to the joint one but have not sent statements for the sole one despite the intial letter and 2 follow up phone calls to kindly remind them! 8) I am sure I saw somewhere then I can now proceed with an estimate claim based on what statements I DO have.... Can someone please confirm this and also what I need to do/state in order to report them for not complying with the DPA request? Help appreciated.

Well I was told today they wont respond till the 09/02/07 despite the fact that their 14 day LBA runs out this Friday 03/02 so I told them I will be taking to court. Tough titty for them really! I am also going to mention in my N1 about the Data Protection Act breach that occurred and they Still havent responded to! I have just come out of work so I at least don't have to fork out £250 for the priviledge! I have added to my costs the time spent typing letters and calculating bank charges to a total of £69. Anyone had luck with this as yet ?

I rang the RBS to check address to put when completing an N1 ( their last day is this Saturday 03/02/07 to respond to LBA) . When I called their was a standard answer phone message stating 'if your claim is regarding charges then please be patient and you will receive a response by the 09/02/07'.!! Nevertheless I left a message and was told on a callback from a guy at RBS that they do not have enough staff, due to the amount of claims blah that they would not be responding untill then. He didnt even know when I had sent my LBA. I told him that would be too late as I intended to file with court before then. He then said ' Well I will just note it on your file not to respond or would you be willing to wait till then for a response?' My reply 'I cant do that as I dont know what your response will be do I?'!!! He has apparently noted on my file not to bother responding to me as I will be taking it to court. This was the customer relations team that I spoke to ( same place where Sandy Watt is based). I just wonder how they can say that they will respond by then regardless of when you sent your LBA etc. Baffling! Anyone else had this said to them?? and know why??

Yeah I always used to get calls like this! When it comes to the experian File Moorcroft will say they Have NOTHING to do with updating the credit file but They must do! They always used to tell us to say ' we dont do it' But when I questioned it they never really gave me a straight answer. I would give them a week or 2 to see if they update it if not they wont do it for you...they will say you need to speak to RBS to sort it out. It sounds right to me though as Moorcroft would only receive the debt ONCE it had defaulted so they in effect would not need to touch your file to show this and I think it would be the same for updating it too. From experience I think it may be best to get your confirmation of payment letter and then check with experian and if its still showing see if RBS will update it or fax a copy to experian yourself? If I have been of use give me a click on my scales to the left!! Ta

To explain it in more detail...The person you spoke to would have to note on the systems that you have agreed a Full & Final and pass a bit of paper to their manager to 'credit' the account. This is not fool proof so I would definatley call them and ask for a settlement letter ( Its easily printed off just push a button literally) and hey presto ! Confirmation you have paid. If it ever Does come back to haunt you you can provide this to experian, equifax etc and it will be enough to remove it. I would just give Moorcroft a week as it normally takes that long to update the system. As for charges you are free to go for it!

I dont want to burst your bubble or anything but you could have got a LOT more discount than that if you had haggled more with them probably close to half. I would MAKE sure they do write off the 'discount' as so Many times we had calls where it had ended up being passed to another DCA months later. Moorcroft can send you a letter to confirm it has been settled as a full and final so I would check they do this and check the credit your account with the write off too. Also would check your credit file as it may not show as 'fully satisfied'...Moorcroft purley working on bonus again shines through they want your money however way they can do it. Someone will get a good bonus this month!!!

Hi there, Its kind of hard to say what will have happened to the bill. I would advise sending an SAR request to them along with your change of address ( look in the templates library for a copy) along with a £10 Postal order so you can at least view your charges and whats been happening on your balance. If they have charged you, you could attempt to reclaim them. I would read through the FAQ's etc to give you an idea of whats involved. Hope this helps

I would send in a copy of your confirmation of payment to Natwest AND Moorcroft to ensure they correct their systems. Moorcroft will just pass it back to the creditor once proof has been received anyway. I would send copies and ask for confirmation of receipt then you should receive their ' We are no longer dealing with this' letter. If you have proof its been paid they dont have a leg to stand on!

Hi there, Dont worry ...you are at the best place for help! Read through the FAQ's and have a look at templates to get an understanding for the process. I strongly advise reading up as much as you can so you know whats involved. Good luck and once you are ready just start your own thread under the bank you are claiming against so we can advise you if need be and also so others can learn from it too!

Hi there, Thats excellent news! Congratulations I had the letter from Sandy Watt too but just saying 'they are looking into it'. My claim is larger ( £5500 mark ) so bound to mess me around but have issued my LBA today I did have some sucess in claiming back charges on a seperate account though. I called them confirming I wanted access to my money that was paid in before christmas as the account was in dispute AND they have seriously breached DPA on my account. They refunded £650 of charges there and then on a seperate account which I have to say Has made me hate them less! SO 14 days are now rolling and will be heading into court myself to have the satifaction of filling the forms in myself..( Only live round the corner ) I just hope they understand I mean business

If you are referring to the account charge i.e for a royalties account etc then you cannot claim them back as you signed to agree to that specific amount to handle your account and have the 'benefits'. Hope this clarifies things

Hi there, I think what needs to be established is that did the default occur BECAUSE of these charges directly but I am not 100%...Maybe someone else could jump in here and confirm? Thanks